Adopted: October 2, 2001 by the New Jersey State Board
of Mortuary Science, Gerald P. Scala, Esq., President.

Filed: February 13, 2002 as R.2002 d.76, with technical
changes not requiring additional public notice and comment (see N.J.A.C.
1:30-6.3).

Authority: N.J.S.A. 45:7-38 and 45:1-15.

Effective Date: March 18, 2002.
Expiration Date: September 17, 2004.

Federal Standards Statement

A Federal standards analysis is not required because
the adopted amendments and new rules are governed by N.J.S.A. 45:7-32
et seq., and, therefore, are not subject to any Federal standards or
requirements.

Full text of the adoption follows:

<< NJ ADC 13:36-1.8 >>

13:36-1.8 Recordkeeping by practitioner of mortuary
science

(a) The registered mortuary shall maintain full, accurate
records of all funerals which it conducts or in which it participates
in any manner.

(b) (No change.)

(c) Such records are to include the following, if applicable:

1.-3. (No change.)

4. The name and license number of the practitioner or
intern who provided embalming and/or sanitary care services;

Recodify existing 4. and 5. as 5. and 6. (No change
in text.)

<< NJ ADC 13:36-3.7 >>

13:36-3.7 Practical examination requirements

(a) No candidate shall be given the practical examination
until after he or she has successfully completed the written examinations
prescribed under N.J.S.A. 45:7-49 and the candidate is within 90 days
of completing the prescribed period of internship.

(b) (No change.)

<< NJ ADC 13:36-5.1 >>

13:36-5.1 Display of "Manager" sign

(a) (No change.)

(b) The name of the licensee in charge shall appear with
the title "manager," "senior director" or "executive director" on all
stationery, billheads, advertising, and in all other instances where
the firm name is used, consistent with the requirements of N.J.A.C.
13:36-5.12.

<< NJ ADC 13:36-5.6 >>

13:36-5.6 Equipment requirements

(a) Every funeral establishment in the State shall have
in its preparation or embalming room and shall be equipped with, at
a minimum, the following:

(a) The following words and terms, when used in this
section, shall have the following meanings unless the context clearly
indicates otherwise:

"Advertisement" means any attempt, direct or indirect,
by publication, dissemination, circulation or broadcast through the
public media to induce any person or entity to purchase or enter into
an agreement to accept mortuary or funeral services or merchandise.
"Advertisement" includes business cards when business cards are used
as copy in an advertisement or are published, disseminated, circulated
or broadcast in the public media as defined below.

"Public media" means newspapers, magazines, periodicals,
professional journals, telephone directories, circulars, handbills,
flyers, letters, billboards, aerial displays, signs, television, radio,
internet and any other similar item, document, publication or device
used to communicate to the general public or to a specific group. "Public
media" does not include manager signs which are subject to the requirements
of N.J.A.C. 13:36-5.1 or establishment signs which are subject to the
requirements of N.J.A.C. 13:36- 5.10.

"Prior reduction statement" means a statement, suggestion
or implication, direct or indirect, that a service or merchandise is
being offered or made available for sale at a price less than the advertiser's
routine price. The following words, terms and phrases or their substantial
equivalent shall be deemed to indicate a price reduction statement:
sale, discount, savings, price cut, bargain, reduced, prices slashed,
clearance, regularly, usually, cut rate, originally, formerly, at cost,
below cost, wholesale.

"Testimonial" means a statement by a person referring
to his or her family's personal experience with a mortuary or licensee.

(b) (No change.)

(c) Advertisements shall contain the true firm name,
address, and telephone number of the facility as registered with the
Board. Advertisements shall also contain the name of the manager or
licensee in charge, and, <<-within 12 months following the effective
date of this section->> <<+by March 18,2003+>>, the
license number of the practitioner preceded by the phrase "N.J. Lic.
No. _______."

(d)-(l) (No change.)

<< NJ ADC 13:36-5.19 >>

<< NJ ADC 13:36-5.20 >>

13:36-5.19 and 5.20 (Reserved)

<< NJ ADC 13:36-8.2 >>

13:36-8.2 Divulging secrets

(a) A licensed practitioner of mortuary science shall
not divulge or permit his or her agents or employees to divulge any
privacies, confidences or secrets that may come to his or her attention
through the practice of mortuary science.

(b) This section shall not be invoked to circumvent the
Board's legal authority to carry out its duties and responsibilities
under the law, nor the powers of the courts and other public bodies
to compel the giving of testimony, nor any State or Federal law or rule
that requires disclosure of such information.

<< NJ ADC 13:36-8.6 >>

13:36-8.6 Business cards

(a) Business cards may be used by licensed practitioners
of mortuary science and unlicensed persons associated with a registered
mortuary, for identification purposes only, as set forth in (b) and
(c) below. Business cards which are used as copy for an advertisement
or which are published, disseminated, circulated or broadcast in the
public media shall be subject to the requirements set forth in N.J.A.C.
13:36-5.12.

(b) A licensed practitioner of mortuary science shall
include on all business cards, at a minimum, the licensee's name, the
licensee's title or position, such as "Manager," or "Funeral Director,"
and <<-within 12 months following the effective date of this section->>
<<+by March 18, 2003+>>, the license number of the practitioner
preceded by the phrase "N.J. Lic. No. _______."

(c) A registered mortuary shall not permit an unlicensed
person associated with the registered mortuary to use a business card
for identification purposes unless the name and title or position of
the unlicensed person appears on the card. An unlicensed person's business
card shall not in any way connote that the person is licensed by the
Board.

<< NJ ADC 13:36-8.10 >>

13:36-8.10 Presence of licensee for the disposition
of dead human body

Except for the transfer of remains from a place of temporary
storage to a place of final entombment or interment within a single
cemetery as provided in N.J.A.C. 13:44J-<<-7.4->><<+8.4+>>,
no interment, cremation or other disposition of a dead human body, or
any disinterment thereof, shall be made by any person in the State of
New Jersey unless a New Jersey licensed practitioner of mortuary science
is present at the time of disposition, provided, however, that this
rule shall not apply to a disinterment resulting from a court order
in connection with a criminal investigation.

<< NJ ADC 13:36-8.11 >>

13:36-8.11 Multiple burials

(a) No licensed practitioner of mortuary science shall
place the remains, or any part of the remains, of more than one deceased
person, stillborn infant, or fetus in a coffin, casket, or other container
for the purpose of interment or cremation, or cause the remains, or
any part of the remains, of more than one deceased person, stillborn
infant, or fetus, to be interred or cremated together unless specific,
written authorization to do so has been signed by a person charged with
the duties of interment, as set forth in (b) below, for each decedent,
or by a court of competent jurisdiction.

(b)-(d) (No change.)

<< NJ ADC 13:36-8.12 >>

13:36-8.12 Public accommodations

All funeral establishments shall be considered places
of public accommodation and shall be subject to public accommodation
laws including the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.

<< NJ ADC 13:36-8.13 >>

13:36-8.13 Referral fees

(a) It shall be occupational misconduct for a licensee
to pay, offer to pay, or to receivefrom any person any fee or other
form of compensation for the referral of a purchaser of goods and services.

(b) The prohibition of referral fees shall not prohibit
the division of fees among licensees engaged in a bona fide employment
partnership or corporate relationship for the delivery of occupational
services.

<< NJ ADC 13:36-9.7 >>

13:36-9.7 General price list

(a) Funeral providers shall give a printed or typewritten
price list for retention to persons who inquire in person about funeral
arrangements or the prices of funeral goods or funeral services. When
people inquire in person about funeral arrangements or the prices of
funeral goods or funeral services, the funeral provider shall offer
them the list upon beginning discussion either of funeral arrangements
or of the selection of any funeral goods or funeral services. This list
shall contain at least the following information:

1. The name, address, and telephone number of the registered
mortuary and the name of the manager or of the licensee in charge;